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HomeMy WebLinkAboutVIA 405 Apartments, Preliminary Planned Urban Development1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: VIA 405 Apartments Preliminary Planned Urban Development LUA17-000237, PUD ) ) ) ) ) ) ) ) ) FINAL DECISION SUMMARY The Applicant proposes a preliminary planned urban development for the construction of a mixed use eight story building containing 270 multi-family dwelling units, ground floor commercial and residential amenity space, ground floor and second floor structured parking, and associated improvements located at 25 S Grady Way. The application is approved subject to conditions. TESTIMONY Note: The following is a summary of testimony provided for the convenience of the reader only and should not be construed as containing any findings of fact or conclusions of law. The focus u pon or exclusion of any particular testimony or hearing evidence in this summary is not reflective of the priority or probative content of any particular hearing evidence and no assurance is made as to accuracy. Matthew Herrera, senior City of Renton planner, summarized the proposal. In response to examiner questions, Mr. Herrera noted that the movie theater at the project site is currently still in operation. EXHIBITS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 2 The September 26, 2017 Staff report in addition to Exhibits 1-26 identified in pages 2 of the Staff Report were admitted into the record at the September 26, 2017 hearing. The staff power point presentation was admitted as Ex. 27. The Cities COR maps available at its website were admitted as Exhibit Ex. 28. FINDINGS OF FACT Procedural: 1. Applicant. RVA Cinema LLC. 2. Hearing. A hearing on the application was held on September 26, 2017. Substantive: 3. Project Description. The Applicant proposes a preliminary planned urban development for the construction of a mixed use eight story building containing 270 multi-family dwelling units, ground floor commercial and residential amenity space, ground floor and second floor structured parking, and associated improvements located at 25 S Grady Way. The requested modifications are summarized as follows: RMC Code Citation Required Standard Modification RMC 4-4-080F.8.a.i A parking stall shall be a minimum of twenty feet (20') in length, except for parallel stalls, measured along both sides of the usable portion of the stall. Each parallel stall shall be twenty three feet by nine feet (23' x 9') in size. The parallel parking spaces along the modified drive aisle are analogous to on-street parking and may be 8-feet wide with no minimum length requirement. RMC 4-4-080F.9.a.ii Parallel parking minimum aisle width for two way vehicle circulation shall be 18-feet. A modified drive aisle containing a minimum width of 40.5-feet that would provide two (2) 10- foot travel lanes, 8-foot parking lane, curb, gutter, and 12-foot sidewalk with street trees in grates. RMC 4-4-070H.5.d There shall be no more than fifty feet (50') between parking stalls and an interior parking lot landscape area. Parallel spaces located along modified drive-aisle may be further than 50-feet from the interior parking lot landscaping located on the eastern portion of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 3 the subject property. RMC 4-6-060F.2 S Renton Village Pl Commercial mixed use 8-foot sidewalk and 8-foot planter strip. ROW improvements along the north side of S Renton Village Pl may match existing width and no planter strip will be required. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. Water and sanitary sewer service for the development will be provided by the City of Renton. B. Fire Protection. Fire protection will be provided by the Renton Regional Fire Authority. C. Drainage. In conjunction with the City’s stormwater regulations, the proposal mitigates all significant drainage impacts. The Applicant submitted a Technical Information Report (“Drainage Report”) with the project application (Exhibit 15). The TIR analyzes off-site drainage and project surface water collection and distribution. There is an existing private storm drainage system located on the subject property that drains to Rolling Hills Creek. According to the report, the northern portion of the site slopes gradually to the north with grades of 1-5 percent while the southern portion gradually slopes south until the banks of the Rolling Hills Creek. Under existing conditions, run-off sheet flows north or south and is collected onsite via catch basins. Flows are then discharged into Rolling Hills Creek. The development is required to provide enhanced basic water quality treatment prior to discharge. A modular wetland biofiltration vault is proposed to meet the water quality treatment requirement to satisfy Core Requirement #8. Any proposed water quality vault shall be designed in accordance with the RSWDM that is current at the time of civil construction permit application. D. Parks/Open Space. The project provides for adequate parks and open space. For parks impacts, the Applicant will be paying a park impact fee to mitigate its demand on the City’s parks system. The fee is payable to the City as specified by the Renton Municipal Code at the time of building permit application. The 2017 fee was assessed at $1,858.95 per dwelling. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 4 The Applicant has proposed to disperse common open spaces and recreation areas in several areas around the development. Additionally, these areas are both interior and exterior to the project. The code required minimum space to be provided for 270 dwelling units is 13,500 square feet. As provided below, the Applicant proposes 27,738 square feet of permanent open space and 3,300 square feet of temporary open space. The following is a breakdown of the proposed open space: 1. Ground Level Pedestrian Courtyard and Play Space 7,273 square feet – An exterior at grade space is proposed along the northeastern portion of the property. A courtyard space is shown on the landscape plan (Exhibit 8) providing seating, landscaping, art, a water feature, and plaza type concrete scoring. The courtyard then transitions to a children’s play area that includes a play structure and open lawn area. The space is anchored by a mature red oak tree that would be retained by the Applicant. City staff encourages the Applicant to obtain assistance from the City’s Arts Commission in developing a program for the proposed art piece. 2. Ground Floor Residential Amenity (Temporary) 3,300 square feet – Ground floor space amenity provided on north façade of building. As conditioned, this space is to be built meeting the commercial space standards for ground floor developments including a floor to ceiling height of 15-feet, however it may be used as residential amenity space until a commercial tenant is secured. 3. Third Floor Exterior Patios 9,359 square feet – The building’s design and effort to reduce overall bulk and scale has resulted in exterior open space opportunities for residents on the third floor on both the north and south facades. The north patio would provide 5,629 square feet and south patio would be comprised of 3,730 square feet. 4. Eighth Floor Interior Amenity 2,220 square feet – Interior space is provided on the eighth floor facing northeast that provides access to the rooftop deck. 5. Eighth Floor Roof Top Deck 8,886 square feet – Exterior space provided on the building’s roof. As shown on the project renderings (Exhibit 6), the rooftop space provides ample space for gathering and entertaining. A covered area extends from the interior amenity space providing cover from inclement weather or mid-afternoon sun. The Applicant has more than doubled the amount of open space/recreation required for the 270-unit development, however limited details are provided of how most of these spaces will be programmed. Therefore, a condition of approval requires the Applicant to submit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 5 detailed programming plans for each of the open space/recreation areas with the FPUD application. E. Pedestrian Circulation. The proposal provides for an appropriate and exceptional pedestrian circulation system. The Applicant would provide three pedestrian corridors from the site to S Grady Way, S Renton Village Pl, and Uwajimaya grocery store as follows: Pedestrian Corridor to S Grady Way – The development standards for the CO zone require a pedestrian connection from the public entrance to the street. This requirement is particularly needed for the proposed development as it is far removed from the public street system. Additionally, as the intent of allowing attached residential in the CO zone is to provide Transit Oriented Development (TOD), it is essential that a connection is provided to the existing park and ride and potential future Sound Transit facility. The Applicant proposes a protected and delineated pedestrian corridor from the building to the South Renton Park and Ride Facility. The existing facility and portions of land abutting is potentially a future Sound Transit facility that would provide Bus Rapid Transit service. The proposed corridor as shown on the Pedestrian Corridor/Connection Plan is an 8-foot wide concrete delineated pathway beginning at the north side of the building. The pathway crosses the modified drive aisle containing planted curb bulbs that will shorten the crossing distance through the vehicle lanes. The pathway continues through the Evergreen Building parking lot with 4-foot wide plantings buffering the pathway. The pathway then continues on the east side of the Lake Ave S private drive with a planter between 4-feet and 7-feet wide on either side to S Grady Way. The pathway provides a prominent delineated pedestrian connection to the transit facility, however the planter widths on either side of the connection do not contain adequate width for substantial trees, shrubs, and groundcover. Additionally, the connection should provide pedestrian level lighting for safety and aesthetics. The trail should also contain street furniture thereby providing superior urban design features to development. Therefore, a condition of approval requires, the Applicant to submit a revised pedestrian corridor/connections plan with the FPUD application that widens the planter strips on both sides of the pedestrian connection to a minimum of 5-feet in width with tree, shrubs, and groundcover planted along its entirety. The plan shall also provide street furniture such as seating, pedestrian level lighting, and refuse receptacles along the connection. Pedestrian Link to S Renton Village Pl – The nearest public street to the project, S Renton Village Pl, enters the Renton Village Shopping Center from the east at Talbot Rd S. A 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 6 foot wide sidewalk, curb, and gutter is provided along the street but abruptly ends behind the Uwajimaya grocery store. The Applicant has proposed to extend the sidewalk, curb, and gutter (matching existing) from within the Renton Village Pl S ROW to the subject property’s pedestrian pathway system. Staff supports the modification to the City’s street standard to match the existing sidewalk width and not provide the current 8-foot wide planter strip within the Renton Village Pl S ROW. Pathway to Uwajimaya – A full service grocery store within a short walk of the proposed development is a significant amenity to the future residents of the building. As such, a delineated pathway through the shopping center’s surface parking lot to the building’s entrance is an appropriate feature. The pedestrian corridor/connections plan details a 5- foot wide delineated pathway connecting the development to the grocery store however the plan does not detail the method of delineation. Therefore, a condition of approval requires the Applicant to submit a revised pedestrian corridor/connections plan with the FPUD application that provides a concrete delineated pathway shown in the current alignment. The revised plan shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. F. Off-Site Traffic Improvements. The proposal is served by adequate and appropriate off- site street infrastructure. Trip Generation – Trip generation was calculated using data from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition, (2009). The net new trip generation associated with the proposed project was calculated by subtracting the trip generation associated with the existing movie theater. The analysis shows the proposed VIA 405 project is expected to generate fewer trips on a weekday and during the PM peak hour compared to the 2,320 seat theater. The net AM peak hour trips are expected to be greater than with the proposed development with 64 net trip generation. To mitigate transportation impacts to the City’s transportation system the Applicant will be required to pay code-mandated transportation impact fees during building permit review. Access - Access to the site would remain via existing easements on neighboring properties. Drive aisle connections from S Grady Way and S Renton Village Pl provide vehicle and pedestrian access to the subject property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 7 Street Improvements – The property does not abut right-of-way, however the Applicant will complete curb, gutter, sidewalk improvements matching existing improvements along the north side of S Renton Village Pl connecting to the subject property. Concurrency – The proposal has passed the City’s Traffic Concurrency Test per RMC 4- 6-070.D (Exhibit 22), which is based upon a test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, and future payment of appropriate Transportation Impact Fees. 5. Adverse Impacts. Setting aside impacts to infrastructure, addressed under Finding of Fact No. 4 above, there are few potential adverse impacts associated with the proposal since its surrounded by commercial development and the I-405 freeway. There are no compatibility issues. The only remaining issue is critical areas and tree retention. Those issues are addressed in detail below: A. High Seismic Hazard and Regulated Slopes. The City’s COR mapping system has identified a High Seismic Hazard Area and Regulated Slopes (slope less than 40-percent) at the project site. The slopes are on the southern portion of the property that are essentially the banks of the Rolling Hills Creek. The City’s Critical Areas Regulations do not prescribe a buffer width or structure setback from Sensitive Slopes, but instead relies on professional geotechnical analysis to determine any warranted site-specific buffers and/or setbacks. No special buffers or setbacks related to geotechnical hazards were recommended by the geotechnical engineer. B. Seismic Hazard. The Applicant’s geotechnical engineer concurred with the City’s mapping of the High Seismic Hazard Area designation on the subject property. The geotechnical report (Exhibit 10) provides two options and recommendations for the building’s foundation that would alter the subject property’s current International Building Code site classification (F) or High Seismic Hazard to site classification (D) or Low Seismic Hazard. The first recommended option is the use of a pile supported foundation, specifically auger-cast piles. Auger-cast piles are installed by continuously drilling down to the embedment depth (10-feet into the bedrock for this proposal) and then grout is injected into the hole as the auger is extracted. A steel bar is then inserted at the center of the pile and a steel cage is placed on the upper portion to provide lateral resistance. The report states auger-cast pile foundations mitigate liquefaction induced settlement and provide lateral resistance for the foundation during an earthquake. The second recommended option is to use a shallow foundation with an associated ground improvement. The report specifically analyzes spread footings with the use of lean concrete columns, GeoPiers, or grouted stone columns. The report states ground improvements used in conjunction with the spread footings can mitigate the effects of liquefaction by densifying the soil mass and dissipating excess pore pressures. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 8 The two options described above and their corresponding recommendations reflect the subject property’s High Seismic Hazard Area geologic features. SEPA mitigation measures were included with the environmental threshold determination that the project comply with the recommendations of the geotechnical report and any updated reports and that the geotechnical engineer reviews the construction and building plans to verify the recommendations and specifications are consistent with the geotechnical report. The SEPA mitigation measures are included in the conditions of the PUD approval. C. Type Np Stream. The COR maps identify Rolling Hills Creek, currently traversing from east to west along the southern portion of the property, as a Type Np stream. The Applicant submitted a stream study prepared by David Evans and Associates, dated June 19, 2017 (Exhibit 12) with the project application. The study delineates the stream’s Ordinary High Water Mark (OHWM) utilizing U.S. Army Corps and State Department of Ecology guidance. The study’s reconnaissance of the stream identified flows exiting a culvert approximately 250-feet east of the subject property, surface flowing along the southern portion of the property in channel widths of 7 to 9 feet wide with a bank full width of 12 to 13 feet wide, and then entering two culverts approximately 50-feet west of the subject property. Existing improvements near the stream include paved surface parking and an emergency vehicle access drive aisle approximately 7 to 25 feet from the OHWM and the existing theater building within 44-feet of the OHWM. The stream study finds no functional riparian buffer exists landward of the existing concrete curb located 7 to 25 feet from the OHWM and states the landward area qualifies as a nonregulated site separated from critical areas pursuant to RMC 4-3-050B.1.g. Staff agrees with the Applicant’s assessment that no functional buffer exists within the paved and improved areas of the property and recommends the area landward of the emergency vehicle access road be designated as a nonregulated site separated from critical areas. There is currently no documented fish use in the stream’s reach on the subject property, however there is documented salmon in Springbrook Creek, a Type S water, which Rolling Hills Creek flows into downstream of the site. Additionally, WSDOT’s I-405 – SR 167 Interchange Direct Connector Project will improve fish passage within Rolling Hills Creek downstream of the subject property as part of the interchange improvements. While the existing paved improvements on the subject property prevent a functional buffer to the stream, a narrow buffer remains along the north bank separating the surface parking and emergency vehicle access and the south bank separating I-405. The Applicant has proposed to remove and reconfigure surface parking abutting the northern bank to create additional functioning buffer and provide buffer enhancement within the existing buffer along the north bank. The Applicant submitted a preliminary buffer enhancement plan (Exhibit 13) that provides riparian planting along the northern bank of the stream and installation of fencing to restrict access within the boundaries of the subject property. Due to the lack of functional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 9 buffer that can be provided on the project site as a result of the existing and required fire emergency access lane, a SEPA mitigation measure requires the Applicant to submit a final stream buffer enhancement plan that removes the existing asphalt south of the emergency vehicle access lane and install new riparian buffer planting where the existing surface parking is located. The final enhancement plan shall also provide refuse and invasive vegetation removal followed by riparian vegetation plantings along the remaining buffer area along both the north and south banks of Rolling Hills Creek on the subject property. Fencing and critical areas signage shall be provided to restrict access (with the exception of maintenance activities) to the stream buffer area. The SEPA mitigation measures are included as conditions of the PUD approval. As shown on the tree retention plan (Exhibit 19), no trees within the stream buffer area are proposed to be removed. Many of the trees within existing stream buffer area have been topped due to overhead power lines that traverse the southern property. Therefore, a condition of approval requires the buffer enhancement plan include trees and other vegetation that are context sensitive to the powerline issue and that will require limited height pruning maintenance. D. Tree Retention. The City’s Tree Retention and Land Clearing Regulations require the retention of 10 percent of trees in a commercial development. An Arborist Report prepared by Shoffner Consulting (dated February 16, 2017; Exhibit 18) and Tree Retention Plan (Exhibit 19) were submitted with the land use application. The report and plan identify 62 significant trees on the subject property, of which 32 are located in the Rolling Hills Creek buffer area. As tree retention standards apply to the developable area of property and exclude critical areas, the Applicant would be required to retain 10-percent of the 30 significant trees located outside of the critical area or three (3) significant trees. The tree retention plan identifies two (2) significant trees to be retained with the proposed development. The Applicant proposes to provide 12 caliper inches in replacement trees for the remaining tree that is required to be retained. The site and landscape plans identify work and permanent improvements that would occur within the drip lines of the retained trees. Therefore, a condition of approval requires the Applicant submit a revised arborist report with the construction permit application that details best practices for construction activities and improvements within the retained trees drip lines. The proposed replacement trees are shown on the landscape plan (Exhibit 8) as six (6) two-inch caliper pacific red maples located in tree grates along the modified drive aisle. The modified drive aisle is a component of the PUD approval criteria as it provides a superior circulation pattern as an alternative to a typical shopping center surface parking drive aisle. The aisle’s “street trees” are an integral part of its design and should not be a receiving area for tree replacement credit. Therefore, a condition of approval requires that the Applicant submit a revised tree retention plan that identifies the retention of the remaining significant tree onsite, provides alternative locations for the 12 caliper inches of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 10 replacement, or provides a fee in-lieu payment into the City’s Urban Forestry Program for the replacement tree. The revised tree retention plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 6. Superiority in Design. Provided the recommended conditions of approval are met, the proposed development would result in a design superior to what would be required by the City’s development standards. The proposed redevelopment of the property would provide a protected pedestrian corridor with significant landscaping and street furniture linking the development to S Grady Way and South Renton Park and Ride. These pedestrian connections enhance the character of the development as transit oriented development due to the linkage to a park and ride and a potential new Sound Transit facility. A drive aisle along the building’s frontage would mimic a “main street” style street section providing an enhanced pedestrian experience atypical to standard parking lot drive aisles. The proposed open space and recreation areas significantly exceed open space requirements as outlined in the findings above and their locations at-grade, interior, patio, and rooftop provide multiple entertainment opportunities. 7. Public Benefit. The proposal provides several public benefits as detailed in Finding No. 24 of the staff report. CONCLUSIONS OF LAW Procedural: 1. Authority. RMC 4-9-150(F)(8) authorizes the Examiner to conduct hearings and make final decisions on planned urban development applications. Substantive: 2. Zoning/Comprehensive Plan Designations. The project site is zoned Commercial Office (CO) and has a comprehensive plan land use designation of Commercial Mixed Use (CMU). 3. Review Criteria. A PUD may be pursued by “any applicant” as authorized by RMC 4-9- 150(B), which is interpreted to authorize the application of PUD regulations to multi-family development projects. RMC 4-9-150(D) governs PUD criteria. Those criteria are quoted below in italics and applied through corresponding conclusions of law. RMC 4-9-150(B)(2): Code Provisions That May Be Modified: a. In approving a planned urban development, the City may modify any of the standards of chapter 4- 2 RMC, chapter 4-4 RMC, RMC 4-6-060 and chapter 4-7 RMC, except as listed in subsection B3 of this Section. All modifications shall be considered simultaneously as part of the planned urban development… 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 11 4. As shown in Finding of Fact No. 3, the requested revisions are limited to the regulations identified in the regulation quoted above. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 1. Demonstration of Compliance and Superiority Required: Applicants must demonstrate that a proposed development is in compliance with the purposes of this Section and with the Comprehensive Plan, that the proposed development will be superior to that which would result without a planned urban development, and that the development will not be unduly detrimental to surrounding properties. 5. The criterion is met. The purposes of the PUD regulations, as outlined in RMC 4-9-150(A), are to preserve and protect the natural features of the land and to encourage innovation and creativity in development of residential uses. As outlined in Finding of Fact No. 4 and 5 the natural features of the site are protected by open space, buffers and mitigation. The proposal involves innovation and creativity for the reasons identified in Finding of Fact No. 6. The project is consistent with the comprehensive plan as determined in Finding of Fact No. 21 of the staff report. As determined in Finding of Fact No. 6, the proposal is superior in design to what which would occur without a PUD. As determined in Finding of Fact No. 4 and 5 the project will not create any significant adverse impacts and so would not be unduly detrimental to surrounding properties. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 2. Public Benefit Required: In addition, Applicants shall demonstrate that a proposed development will provide specifically identified benefits that clearly outweigh any adverse impacts or undesirable effects of the proposed planned urban development, particularly those adverse and undesirable impacts to surrounding properties, and that the proposed development will provide one or more of the following benefits than would result from the development of the subject site without the proposed planned urban development: … b. Natural Features: Preserves, enhances, or rehabilitates natural features of the subject property, such as significant woodlands, native vegetation, topography, or noncritical area wildlife habitats, not otherwise required by other City regulations; or… e. Overall Design: Provides a planned urban development design that is superior to the design that would result from development of the subject property without a planned urban development. A superior design may include the following: ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 12 6. The proposal provides for public benefit by providing amenities related to natural features and overall design that significantly exceed code standards as determined in Finding of Fact No. 7. These benefits clearly outweigh any adverse impacts since there are no significant adverse impacts associated with the proposal as determined in Finding of Fact No. 4 and 5. The pedestrian improvements of the project are particularly well done and will make the residential project well adapted to a commercial area by linking it to transit facilities and retails services. As outlined in detail in Finding of Fact 4(E), the Applicant proposes to extend its pedestrian improvements beyond its project boundaries, even into adjoining development, which is exceptionally unique and considered a significant public benefit. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: i. Perimeter: Size, scale, mass, character and architectural design along the planned urban development perimeter provide a suitable transition to adjacent or abutting lower density/intensity zones. Materials shall reduce the potential for light and glare. 7. The criterion is met for the reasons identified at page 20 of the staff report. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria: a. Building and Site Design: … ii. Interior Design: Promotes a coordinated site and building design. Buildings in groups should be related by coordinated materials and roof styles, but contrast should be provided throughout a site by the use of varied materials, architectural detailing, building orientation or housing type; e.g., single family, townhouses, flats, etc. 8. The criterion is met for the reasons identified at pages 20 of the staff report. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 13 RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: i. Provides sufficient streets and pedestrian facilities. The planned urban development shall have sufficient pedestrian and vehicle access commensurate with the location, size and density of the proposed development. All public and private streets shall accommodate emergency vehicle access and the traffic demand created by the development as documented in a traffic and circulation report approved by the City. Vehicle access shall not be unduly detrimental to adjacent areas. 9. The proposal provides for adequate streets and pedestrian facilities as determined in Finding of Fact No. 4. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … ii. Promotes safety through sufficient sight distance, separation of vehicles from pedestrians, limited driveways on busy streets, avoidance of difficult turning patterns, and minimization of steep gradients. 10. The development does not abut a public street or any busy road so safety issues between pedestrians and vehicles are minimized. Pedestrian pathways are well marked as outlined in Finding of Fact No. 4 (E). Staff have reviewed the project for safety and did not identify any safety issues. The criterion is met. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 14 … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … iii. Provision of a system of walkways which tie residential areas to recreational areas, transit, public walkways, schools, and commercial activities. 11. The criterion is met for the reasons identified in Finding of Fact No. 4 (E), 5 and 6. . RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … b. Circulation: … iv. Provides safe, efficient access for emergency vehicles. 12. There is an emergency access lane located behind the building that provides for adequate emergency access to the proposal. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria c. Infrastructure and Services: Provides utility services, emergency services, and other improvements, existing and proposed, which are sufficient to serve the development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 15 13. As determined in Finding of Fact No. 4, the proposal is served by sufficient public infrastructure and services to serve the development. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … e. Privacy and Building Separation: Provides internal privacy between dwelling units, and external privacy for adjacent dwelling units. Each residential or mixed use development shall provide visual and acoustical privacy for dwelling units and surrounding properties. Fences, insulation, walks, barriers, and landscaping are used, as appropriate, for the protection and aesthetic enhancement of the property, the privacy of site occupants and surrounding properties, and for screening of storage, mechanical or other appropriate areas, and for the reduction of noise. Windows are placed at such a height or location or screened to provide sufficient privacy. Sufficient light and air are provided to each dwelling unit. 14. The criterion is met for the reasons outlined at p. 23 of the staff report. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … f. Building Orientation: Provides buildings oriented to enhance views from within the site by taking advantage of topography, building location and style. 15. View enhancements are provided by two third story patios and a rooftop deck. These exterior amenities take advantage of the bulk reduction methods of stepping back portions of the building on top of the concrete podium resulting in view amenities and gathering spaces for residents. RMC 4-9-150(D): The City may approve a planned urban development only if it finds that the following requirements are met. … 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 16 3. Additional Review Criteria: A proposed planned urban development shall also be reviewed for consistency with all of the following criteria … g. Parking Area Design: Provides parking areas that are complemented by landscaping and not designed in long rows. The size of parking areas is minimized in comparison to typical designs, and each area related to the group of buildings served. The design provides for efficient use of parking, and shared parking facilities where appropriate. 16. Most of the parking will be provided within the building and screened from outside view. Limited surface parking is provided along the eastern portion of the building and is bookended by two large landscape bulbs. Parallel street parking is provided along the modified drive aisle to provide traffic calming effects and buffer pedestrians on the sidewalk and pedestrian plaza. Future shared or joint use parking for ground floor commercial uses may be possible with abutting Evergreen Building and Renton Village Shopping Center with code required parking agreements, provided there is excess capacity of surface parking for those particular developments. RMC 4-9-150(D)(4): Each planned urban development shall demonstrate compliance with the development standards contained in subsection E of this Section, the underlying zone, and any overlay districts; unless a modification for a specific development standard has been requested pursuant to subsection B2 of this Section. 17. As discussed below, the proposal complies with all development standards imposed by RMC 4-9-150(E). The proposal is compliant with the standards of the underlying CO zone for the reasons identified in Finding of Fact No. 22 of the staff report. As a project located in the CO zone, the project is in the District D design district as regulated by RMC 4-3-100(E). For the reasons identified in Finding of Fact No. 27 of the staff report, the proposal is consistent with all District D design standards. RMC 4-9-150(E)(1): b. Mixed Use – Residential Portions. Subsections E1bi to v of this Section specify common open space standards for the residential portions of mixed use developments. i. Mixed use residential and attached housing developments of ten (10) or more dwelling units shall provide a minimum area of common space or recreation area equal to fifty (50) square feet per unit… c. Mixed Use Nonresidential Portions, or Commercial, or Industrial Uses: The following subsections specify common open space requirements applicable to nonresidential portions of mixed use developments or to single use commercial or industrial developments: …. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 17 18. The 27,738 square feet of proposed open space is almost double the 13,500 square feet of open space required for the 270 dwelling units as outlined in Finding of Fact No. 4(D). The proposal complies with all applicable open space requirements as outlined at pages 24-27 of the staff report. RMC 4-9-150(E)(4)(a): Installation and Maintenance of Common Facilities Installation: Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Administrator, assured through a security device to the City equal to the provisions of RMC 4-9-060, … 19. As conditioned. RMC 4-9-150(E)(4)(b): Maintenance: All common facilities not dedicated to the City shall be permanently maintained by the planned urban development owner, if there is only one owner, or by the property owners’ association, or the agent(s) thereof. In the event that such facilities are not maintained in a responsible manner, as determined by the City, the City shall have the right to provide for the maintenance thereof and bill the owner or property owners’ association accordingly. Such bill, if unpaid, shall become a lien against each individual property. 20. No dedication of common facilities is proposed. All common facilities will be maintained by the property owner. DECISION The proposed preliminary PUD meets all applicable criteria quoted in this decision and for that reason is APPROVED. Requested revisions to development standards identified in Finding of Fact No. 3 are all approved. The proposal is subject to the following Conditions of Approval: 1. The Applicant shall comply with the following mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated August 14, 2017. a. The project shall comply with the recommendations of the geotechnical report, prepared by Golder Associates dated March 20, 2017, or a future addendum to the subject report. b. The Applicant’s geotechnical engineer shall review the project’s construction and building permit plans to verify compliance with the geotechnical report(s). The geotechnical engineer shall submit a sealed letter stating that he/she has reviewed the construction and building permit plans and in their opinion the plans and specifications meet the intent of the report(s). c. The Applicant shall submit a final stream buffer enhancement plan, prepared by a qualified professional, with the construction permit application for review and approval by the Current Planning Project Manager. To provide a functional lift to the existing buffer, the Applicant shall remove the existing asphalt south of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 18 emergency vehicle access lane and provide new riparian buffer planting where the existing surface parking is located. The final enhancement plan shall also provide refuse and invasive vegetation removal followed by riparian vegetation plantings along the existing buffer area adjacent to both the north and south banks of Rolling Hills Creek on the subject property. Fencing and critical areas signage shall be provided to restrict access (with the exception of maintenance activities) to the stream buffer area. The stream buffer enhancement shall be monitored to ensure performance for 5-years and backed by a surety device sufficient to guarantee that structures, improvements, and mitigation required perform satisfactorily for a minimum of five (5) years after installation has been completed. d. The Applicant shall prepare an acoustical study to determine whether additional sound attenuation or acoustical architectural measures are necessary to mitigate the impacts of the freeway noise generated by the abutting I-405. The study shall be submitted with the Final Planned Urban Development application for review and approval by the Current Planning Project Manager prior to Final PUD approval. 2. The Applicant shall submit a revised the floor plan with the Final PUD application that provides at least one (1) parking space for each proposed dwelling within the attached structured parking facility. Each residential unit shall be assigned at least one (1) parking space as noted by its corresponding apartment number painted on each individual space. The revised floor plan shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. 3. The Applicant shall submit a revised landscape plan with the construction permit application that provides the City’s 4’ x 8’ tree grate with minimum 2-foot tree pit standard for the street trees to be planted in the modified drive aisle. The revised plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 4. The Applicant shall submit a revised arborist report with the construction permit application that details best practices for construction activities and improvements within the retained trees drip lines. The report shall also identify when it is necessary for the certified arborist to be onsite do observe construction activities and ensure the retained trees are well protected. The revised arborist report shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 5. The Applicant shall submit a final arborist report after the completion of the construction work around the retained trees. The report shall verify the construction activities were completed in a manner that best protected the trees and provide any long term care and maintenance specifications for their care. The final report shall be submitted to the Current Planning Project Manager for review and approval prior to the Applicant scheduling the final landscaping inspection. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 19 6. The Applicant shall submit a revised tree retention plan that identifies the retention of the one (1) remaining significant tree onsite, or provides alternative locations for the required 12 caliper inches of replacement, or provides a fee in-lieu payment into the City’s Urban Forestry Program for the one (1) replacement tree. The revised tree retention plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 7. The Applicant shall submit a separate detailed plan set identifying the location and screening provided for all surface and roof top utility/mechanical equipment with the building permit application. The plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 8. The Applicant shall provide the required number of parking spaces (vehicle and bicycle) on or offsite that correspond to the ultimate use of the ground floor commercial space at the time of the tenant improvement building permit application. Any offsite parking to be provided for ground floor uses shall be secured via a joint use parking agreement per the requirements set forth in RMC 4-4-080 and a parking study prepared by a qualified professional that provides analysis that the offsite surface parking contains adequate overflow capacity that could be used be used by the VIA 405 commercial tenants. 9. The Applicant shall submit a revised floor and site plan that details individual parking space dimensions with the Final PUD application. The revised plans shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. Any deviations to space and/or aisle dimensions or compact space limitations would be a minor modification to the FPUD decision. 10. The Applicant shall submit a revised floor plan with the building permit application that provides bicycle parking details meeting the standards of RMC 4-4-080 for attached dwellings. The revised plan shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. Any deviations to the dimensional standards would be a minor modification to the FPUD decision. 11. The Applicant shall submit fencing/wall cut sheets and details with the building permit application. Fencing surrounding the active open space area shall be made of high quality material that complements the architecture of the building and the urban design of the development’s proposed pedestrian area and modified drive aisle. Maximum height of the fence will be determined as a component of the detailed review of the active/pedestrian open space area. Fencing/wall cut sheets and details shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 12. The Applicant shall submit a revised landscape plan with the construction permit application to include a minimum of three (3) bicycle racks and two (2) refuse receptacles aligned with the street trees on the modified drive aisle street section. The revised landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 20 13. The Applicant shall submit a revised pedestrian corridor/connection plan with the FPUD application that widens the planter strips on both sides of the pedestrian connection from the building to S Grady Way to a minimum of 5-feet in width with tree, shrubs, and groundcover planted along its entirety. The plan shall also provide street furniture such as seating, pedestrian level lighting, and refuse receptacles along the connection. The plan shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. 14. The Applicant shall submit a revised pedestrian corridor/connection plan with the FPUD application that provides a concrete delineated pathway from the subject property to Uwajimaya shown in the current alignment. The revised plan shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. 15. The Applicant shall submit detailed programming plans for each open space/recreation area with the FPUD application. The open space program plan shall provide details of intended use, street furniture, landscaping, and other furnishings provided by the Applicant. Additionally, the plans shall provide screening via architectural feature and/or landscaping for the third floor south patio and rooftop deck to provide privacy and noise attenuation from I-405 vehicle traffic. The open space program plan shall be reviewed by the Current Planning Project Manager prior to FPUD approval. The proposed temporary ground floor 3,300 square foot residential amenity shall have floor to ceiling height of 15- feet to accommodate future commercial use. 16. The Applicant shall submit revised floor plans with the FPUD application that provides details and dimensions of each unit’s private open space. The revised plans shall be reviewed and approved by the Current Planning Project Manager prior to FPUD approval. Any modifications to the private open space standards with regard to dimensional standards or substituting additional common open space as permitted by RMC 4-9- 150E.2 would be a minor modification to the FPUD decision 17. The Applicant shall provide cut-sheets and material details of the proposed louver screens and green screen system for the ground floor structured parking with the building permit application. The landscape plan shall also provide evergreen plantings along all landscaped areas abutting the ground floor parking area. The cut sheets and landscape plan shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 18. The Applicant shall submit cut-sheets with the final landscape plan to be submitted with the building permit application that provides details for the planter pots along modified drive aisle and pedestrian courtyard such as size and material composition. The cut-sheets shall be reviewed and approved by the Current Planning Project Manager prior to building permit approval. 19. The Applicant shall submit revised elevation plans with the building permit application that contain details identifying compliance with weather protection dimensional standards of RMC 4-3-100E.3; Pedestrian Amenities. The revised plans shall be reviewed by the Current Planning Project Manager prior to building permit approval. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLANNED URBAN DEVELOPMENT - 21 20. The Applicant shall submit a lighting plan with the building permit application that adequately provides for public safety without casting excessive glare on adjacent properties. Pedestrian scale and downlighting shall be used in all cases to assure safe pedestrian and vehicular movement, unless alternative pedestrian scale lighting has been approved administratively or is specifically listed as exempt from provisions located in RMC 4-4-075 Lighting, Exterior On-Site. The plan shall be reviewed by the Current Planning Project Manager prior to building permit approval. 21. The final buffer enhancement plan required to be submitted with the construction plan per SEPA mitigation #3 shall include trees and other vegetation that are context sensitive to the overhead powerline issue and that will require limited height pruning maintenance. The plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 22. Prior to the issuance of any occupancy permits, all common facilities, including but not limited to utilities, storm drainage, streets, recreation facilities, etc., shall be completed by the developer or, if deferred by the Administrator, assured through a security device to the City equal to the provisions of RMC 4-9-060. DATED this 11th day of October 11, 2017. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(C)(2) requires appeals of the hearing examiner’s decision to be filed within fourteen (14) calendar days from the date of the hearing examiner’s decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-100(I). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.